Loading...
1993-02-01 Regular Meeting ~ MINUTES OF REGULAR MEETING, FEBRUARY 1, 1993 PAGE 301 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, February 1, 1993, at 6:30 P.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. . Members present were: Commissioners Sandra Barone; William A. Caster; William E. Sisson, Jr.; Vice-Chairman E. L. Mathews, Jr.; Chairman Robert G. Greer; County Manager, Allen 0' Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Greer called the meeting to order and welcomed all persons present. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Joseph Windley, Pastor of First Baptist Church, gave the invocation. Commissioner Caster led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Greer inquired as to whether anyone from the general public would like to present an item not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. The following remarks were received: . Presentation of ABC Profit Distribution Check to New Hanover County Mr. Billy Williams, the ABC Board Administrator, presented a profit-distribution check to New Hanover County in the amount of $104,000 for the past quarter earnings and stated this represents a 19% increase over last year. Emphasis was placed on the fact that a portion of the earnings are returned to the County to be used for benefit of its citizens. Chairman Greer, on behalf of the Board, expressed appreciation for the work preformed by the ABC Board and its administration. Request for Public Hearings to Begin at 7:30 P.M. as Advertised and Scheduled Ms. Mildred Harris, a resident of New Hanover County, expressed concern about lengthy agenda items being presented before scheduled Public Hearings and requested that an agenda format be devised whereby citizens will not have to wait until 8:30 P.M. or later to begin the Public Hearing process. The Commissioners were urged to begin Public Hearings promptly at 7:30 P.M. as advertised and delay other discussion until the end of the meeting. County Manager O'Neal commented on the complexity of County issues which require a great of discussion and stated staff will strive to allocate the time as proportionately as possible. Comments Expressing Concern for Resolution Opposing Discrimination Based Upon Sexual Orientation The following comments were received: . Mr. William Farr, a 20-year resident of Wilmington, commented on the hate crime that occurred on the streets of Wilmington because of one's sexual orientation and requested that the same civil rights and protection being given to the gay community. The Commissioners were requested to express their concern for this crime to the proper public officials on the state and federal levels of government. Mr. Joe Madsen, a concerned citizen, expressed concern for Americans being asked to accept the p~inciple that discrimination based on sexual preference is the same as discrimination based on race and religion. No one is in favor of violence; however, the j ~- ( I I l, MINUTES OF REGULAR MEETING, FEBRUARY 1, 1993 PAGE 302 attempt to associate sexual preference with racial discrimination 1S wrong. The question to be answered is what does discrimination based upon sexual orientation mean? Should children to be adopted and raised by parents of the same sex? Should homosexuals teach small children in schools? Should homosexual couples receive the same benefits granted to heterosexual couples? All people, regardless of their sexual preference, are entitled to respect and the same rights accorded by the Constitution of the united States; therefore, it is not necessary to adopt the proposed resolution. () Mr. Jack F. Hart, a native of Wilmington, commented on a resolution opposing discrimination and stated the proposed resolution is already covered by the Bill of Rights. Every citizen of the United States is covered as to race, color, creed, religion, or national original; therefore, there is no need to consider the proposed resolution submitted by the Human Relations Commission. All people have the same rights and many veterans have given their lives to protect these rights. Mr. Rick Gilley, a concerned citizen, expressed opposition to the resolution supporting sexual orientation and stated democratic pluralism is the major force which has undermined our society because it promotes the destruction of all absolute moral values and beliefs in order to ensure the toleration of all religious and social view points. The supporters of democratic pluralism present it as a harmless and positive framework in which the State remains neutral and all movements enjoy an equality of expression and a mul tiplici ty of values interacting one with another. It is impossible to maintain a balanced equality among prevailing points of view in any society. The values of society cannot remain permanently fragmented. Public policies require decisions which reflect values; therefore, each time a determination is made one set of values is preferred over another set. Rather than a system in which diverse groups mute their differences in the interest of mutual harmony, our country has been overtaken by a pluralistic system in which diverse groups push their own interests strongly and persistently. No group is taken seriously in our society until it commands social power. That power has been demonstrated by this movement with a group crying out for acceptance of their perverted lifestyles. Two forces are correctly perceived as formidable enemies to their cause, religion and the family. Any license given to this cause through public declaration will only add to decay of foundational moral values in our community. o Mr. Bob Jenkins, a native of wilmington, expressed concern for the freedoms provided by the United States Constitution not providing civil rights to the homosexual community as provided for heterosexual counterparts. There is to no way to understand the discrimination against homosexuals until you are in this position. As a member of this group, I am a responsible law abiding citizen, have contributed to the community financially, religiously, and morally. I do not ask for anything that other citizens do not have. For me, I do not care whether I am accepted, but it is my right to live in dignity in this wonderful community. The dispute is not in lifestyles or chosen lifestyles, but for me and millions of others, this lifestyle is not chosen, it is the way God made me. The Commissioners were urged to consider all mankind when making this decision and adopt the proposed resolution. o Mr. Scott Frazier a resident of Wilmington for the past five years, commented on serving 10 years in the Navy with pride and dignity and expressed concern for the recent beating of a homosexual by members of the military. No one.., regardless of their sexual preference, should be beaten, particularly by persons who are in the business of protecting our country. Morals should not dictate law because people are different. Discrimination against all people should be eliminated; therefore, the law should be changed to oppose any form of discrimination. . . . ",):. ~ "~~H: ,'~'; ~ . MINUTES OF REGULAR MEETING, FEBRUARY 1, 1993 PAGE 303 Mr. David Reebel, a resident of Wilmington, stated sexual behavior is private and a guaranteed right as provided by the Bill of Rights; therefore, the County does not need to reinterpret the Bill of Rights to cover sexual preference. Government institutions are not moral bodies and should aspire to being non-partisan bodies for the good of the people they serve. Government should provide guidance and equality under the constitution but allow people to conduct themselves privately and be left alone. Mr. Carl Sutton, Jr., reported on being chased off of a softball field by a pick-up truck because'he was playing on a team representing a local gay bar. Emphasis was placed on the fact that until you have been involved in a hate crime, there is no way to tell someone of the fear experienced. The Commissioners were urged to adopt the proposed resolution that ~ill oppose discrimination against sexual orientation in order for these members of the community to feel safe. Mr. Clara Kropp, manager of a gay bar, expressed concern for persons coming in the bar to create problems and stated persons of the gay community do pay taxes and contribute to the economy of the area. The Commissioners were urged to understand that gay persons are the same as regular citizens and should be given the same rights and protection as provided to other citizens. APPROVAL OF CONSENT AGENDA Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Caster to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Regular Meeting of December 21, 1992, and Regular Meeting of January 19, 1993, as presented by the Clerk to the Board. Acceptance of the Disposal of Personal Property Report for Period of July 1, 1992 through December 31, 1992 The Commissioners accepted the Disposal of Personal Property Report submitted by the Finance Director for the period of July 1, 1992, through December 31, 1992, in accordance with G.S. 160A- 266(c). A copy of the report is hereby incorporated as a part of the minutes and is contained in Exhibit Book XX, Page 19. Approval of Budget Amendment #93-0105 - Sheriff's Department The Commissioners approved the following Budget Amendment: 93-0105 Sheriff/Administration Debit Credit Sheriff/Administration Other $4,094 Salary and Wages $4,094 Purpose: To budget funds recei ved from court cases involving illegal slot machines for the Sheriff's salary aC9ount. Pu~suant to the provisions of N.C.G.S. 14-299, funds seized under these circumstances are to be turned over to the County. Budget Amendment #93-0114 Reported for Entry into the Minutes The following Budget Amendment was reported for entry into the minutes: j ~ ( l MINUTES OF REGULAR MEETING, FEBRUARY 1, ~993 PAGE 304 93-0114 Non-Departmental Outside Agencies/Cultural & Recreational - Bellamy Mansion, Inc. Debit Credit Non-Departmental Contingencies $10,000 outside Aqencies/Cultural & Recreational Bellamy Mansion, Inc. $10,000 o purpose: To budget a $10,000 contribution to the Bellamy Mansion, Inc. from Contingencies as approved by the Commissioners on January 4,1993. Approval of Budget Amendment #93-0116 Fire District/Fire Departments - Health Department/Epidemiology Debit Credit Fire District/Fire Departments Appropriated Fund Balance $21,000 Transfer to General Fund $21,000 Health Dept./Epidemioloqy Operating Transfer In $21,000 Departmental Supplies $21,000 Purpose: To appropriate $21,000 of the Fire District's fund balance and transfer to the Health Department/Epidemiology for purchase of Hepatitis B vaccine for all New Hanover County Volunteer Firemen. This action was approved by the Board of Fire Commissioners on October 28, 1992. () Report of Budget Amendment #93-0118 for Entry into the Minutes - North Carolina cooperative Extension service The following Budget Amendment was reported for entry into the minutes: 93-0118 Non-Departmental/N. c. cooperative Extension Service Debit Credit Non-Departmental Contingencies $10,000 N. C. Cooperative Extension Service Salary & Wages Maintenance & Repair " $5,000 , $5,000 purpose: To budget $10,000 from contingencies to the N. C. Cooperative Extension Service to cover maintenance for the remainder of the fiscal year and to fund part-time labor to assist volunteers with development of the Arboretum as approved by the Commissioners on December 7, 1992. Approval of Budget Amendment #93-0119 - Department of Management Information systems/Department of social services The Commissioners approved the following Budget Amendment: () 93-0119 Department of Management Information systems/Department of social services Debit Credit Manaqement Information Systems Contracted Services $10,283 social Services/Administration DSS Administration Grants $10,284 . . . ~ MINUTES OF REGULAR MEETING, FEBRUARY 1, 1993 (Budget Amendment continued) Capital Outlay - Equipm~nt PAGE 305 Debit Credit $20,567 Purpose: To budget funds to purchase an extension unit for the DSS computer system because the increased workload is putting greater than anticipated demands on the new system, and the extension unit will increase its capacity. The County is being reimbursed 50% of the unit cost in grant funds, and the remaining amount is being transferred from the MIS budget. Approval of new Licensed Practical Nurse II (LPN II) position for the Women/Infants Children's Program and Approval of Budget Amendment #93-0120 - Health Department The Commissioners approved a new Licensed Practical Nurse II position for the Women/Infants Children's Program to provide screening of WIC children for lead testing and to provide child and parent education related to the risk of lead poisoning and prevention. The LPN will also screen children for immunization compliance and administer immunizations as indicated. The position will be totally State funded. The following Budget Amendment was approved: 93-0120 Health Department/women Infants' Children's Program (WIC) Debit Credit Health Department/Women Infants & Children's Proqram (WIC) WIC Grant $9,030 Salaries & Wages FICA Retirement Medical Insurance Employee Reimbursement Training & Travel $6,840 $ 520 $ 340 $ 760 $ 150 $ 420 Purpose: To budget additional revenue for the Women, Infants, and Children's Program generated by an increased case load. The additional funds, as well as what is already budgeted, will be used to fund a new LPN position to provide a lead screening program and screen children for immunization compliance. Approval of Budget Department/Epidemiology Amendment #93-0121 Health Debit Credit Health Department/Epidemioloqy Immunization Action Plan Grant Health Fees $ 9,191 $21,082 Advertising Printing Departmental Supplies Training and Travel $ 500 $ 50 $29,323 $ 400 Purpose: To budget Immunization Action Plan Grant funds to provide a program to increase the number of children recelvlng DTP immunizations. The funqing period is from December 1, 1992, to June 30, 1993; and to budget additional funds received from administering Hepatitis B vaccine for several organizations (Keys, the Developmental Center, and School Board). Award of Contract #93-0200 to' Kucera International, Inc. for Mapping Service The Commissioners awa~ded the' low bid to Kucera International, Inc. in the amount of $18,800 to provide mapping services fbr the County landfill site, including one foot topographic mapping in a digital format. j (--- i MINUTES OF REGULAR MEETING, FEBRUARY 1, 1993 PAGE 306 A copy of proposals received is hereby incorporated as a part of the minutes and is contained in Exhibit Book XX, Page 19. PRESENTATION OF PLAQUE TO WINNER OF THE HUMAN RELATIONS MONTH THEME CONTEST Chairman Greer announced that Consuelo Egas, the winner of the Human Relations Month Theme Contest, was not able to attend the meeting; however, her seventh grade teacher, Ms. Donna Tenuta, is present and will accept the plaque. Chairman Greer, on behalf of the Board, presented the plaque to Ms. Donna Tenuta, in recognition of the winning theme "Plant Love, Harvest Peace" and requested that congratulations be extended to Consuelo Egas. ADOPTION OF PROCLAMATION DECLARING THE MONTH OF FEBRUARY 1993 AS "HUMAN RELATIONS MONTH" IN NEW HANOVER COUNTY Chairman Greer requested a motion for adoption of a proclamation declaring February 1993 as Human Relations Month in New Hanover County. Emphasis was placed on the importance of attending and participating in the events scheduled for the month of February. Motion: Commissioner sisson MOVED, SECONDED by Commissioner Caster to adopt the proclamation proclaiming February 1993 as "Human Relations Month" in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XX, Page 19. CONSIDERATION OF RESOLUTION OPPOSING DISCRIMINATION Ms. Sandra Harkin, Chairperson of the' New Hanover Human Relations Commission, urged the Commissioners to adopt the proposed resolution which calls for opposition to discrimination based upon age, disability, sex, race, color, creed, sexual orientation, or national origin. commissioner Caster inquired as to whether the entire Human Relations Commission prepared the resolution. Ms. Harkin stated the Executive Committee of the Human Relations Commission prepared the resolution and amended the 1991 resolution adopted by the Board of County Commissioners to comply wi th current federal language changes. The Commissioners were urged to adopt the resolution in order to provide support for the many diverse groups within the community. Vice-Chairman Mathews requested considering a statement that would encourage all citizens to treat each other equally without singling out a particular group. commissioner Caster inquired as to the federal guidelines? County Attorney Copley stated the federal government does not specifically refer to sexual orientation. commissioner sisson stated this is an issue that raises emotions on both sides with each side feeling very strongly about the matter; therefore, he feels it is incumbent upon the Board to affirm the resolution adopted by the Board of County Commissioners in 1991 and add the statement requested by Vice~Chairman Mathews, which states that all citizens should treat each other with equal respect. Discussion was held on the difference between an ordinance and a resolution. County Attorney Copley reported that a resolution is basically a County policy without the force of law, ,whereas, an ordinance does carry the force of law. () o (\ \. /' . . . ~ MINUTES OF REGULAR MEETING, FEBRUARY 1, 1993 PAGE 307 Motion: After further discussion, Vice-Chairman Mathews MOVED, SECONDED by Commissioner Barone to prepare and adopt a resolution that will state the Commissioners encourage all citizens to treat each other equally without singling out a particular group. The floor was opened for discussion. commissioner Caster commented on the extreme difficulty he has experienced in trying to make a decision on this emotional issue. As an individual, he feels one way, but as a County Commissioner signing a resolution, he feels another way. As an individual who believes in Christ, he feels Christ would walk into this room and love everyone with sadness in his heart for the hideous event that has occurred in our community. As a retired officer from the U. S. Coast Guard, it is hoped that the U. S. Marine Corps will not tolerate actions of this type, and that the persons performing this violent act will be dismissed from service. If we, as a community, cannot love and care for each other without having to write down words, we are all in a sad state of affairs. Emphasis was placed on all persons being friends and feeling comfortable with each other. Ms. Harkin stated the Human Relations Commission is very concerned about the acceptance of every individual and stated the motion on the floor does not cover the range desired. This motion does not refer to administrators, members of committees, commissions, and boards who are appointed by the County Commissioners. Praying for a matter to be good does not always carry forth this idea; therefore, adoption of a resolution would be a stronger statement of commitment for the community and would reflect opposition to the crime that has just occurred. Ms. Shirley Hart Berry, former Chairperson of the Human Relations Commission, stated Commissioner Caster's statement is justification of why this resolution should be adopted. Laws are in place for assault and battery, but non-discrimination is entirely different. The Commissioners were urged to adopt the resolution. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Vice-Chairman Mathews Chairman Greer Abstaining: Commissioner Caster Voting Nay: Commissioner Sisson Commissioner Sisson stated, for the record, he is not voting against the statement proposed by Vice-Chairman Mathews, but he feels the resolution needs more specific clarification. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XX, Page 19. AUTHORIZATION TO REQUEST THE WILMINGTON CITY COUNCIL FOR USE OF PROPERTY ON PARK AVENUE FOR LOCATION OF AN EMERGENCY MEDICAL SERVICES STATION IN THE EMPIE PARK AREA. Emergency Medical Services Director, Larry Ray, presented background information on usage of the City's Empie Park Fire station to house an Emergency Medical Services station and stated the City has recently requested the County to relocate the EMS operation. It is the County's desire to maintain the station in the vicinity of Empie Park due to it being strategically located to provide multi-directional response to the district. A map was presented showing a desirable site on Park Avenue owned by the City, and the Commissioners were requested to enter into dialogue with the Wilmington City Council for use of this property. The estimated cost for construction of an EMS station is approximately $200,000. j ~ MINUTES OF REGULAR MEETING, FEBRUARY 1, 1993 PAGE 308 Deputy County Manager, Mary Gornto, reported that the City has no plans for use of this public right-of-way located on Park Avenue; therefore, a request would be made for a long-term encroachment 'lease of the property. The property would not be acquired and no money would be required for use of the property. commissioner would be required that this issue project. sisson inquired as to whether any zoning action for the proposed use and recommended being sure is addressed before moving forward with the () commissioner Barone commented on the possibility of having to move the structure and recommended design of a building that could be moved in the future. Consensus: After discussion, it was the consensus of the Board for the Chairman to write a letter to Mayor Don Betz requesting the following items: (1) use of the property on Park Avenue for placement of an Emergency Services Medical station through a long- term encroachment lease; and (2) checking to see if the land is properly zoned for placement of the proposed use. Staff was also directed to consider a building design that will allow the structure to be moved, if required in the future. PUBLIC HEARINGS Chairman Greer reported on Public Notice being given that Public Hearings would be held on Monday, February 1, 1993, at 7:30 P.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Persons wishing to comment were requested to limit their remarks to three minutes and to select a spokesperson if a large group is present. PUBLIC HEARING TO CONSIDER REZONING PROPERTY LOCATED ON THE NORTH SIDE OF WENDOVER LANE BEHIND THE.OGDEN SHOPPING CENTER FROM B-2 BUSINESS TO R-15 RESIDENTIAL Chairman Greer opened the Public Hearing. () Planning Director, Dexter Hayes, reported the property was rezoned to B-2 Business in March 1985 in conjunction with adjoining properties along Market Street. Originally, the subject parcel was part of a larger tract that extended to the highway. During a period of time, the tract has been subdivided and the area adjacent to Market Street was developed for commercial uses with the subject parcel remaining undeveloped. In February 1992, the Technical Review Committee approved a 20 unit residential subdivision for this property contingent upon the owner being willing to rezone the land to R-15 Residential. After review, the Planning Board voted unanimously to approve the residential zoning feeling that possible land use conflicts and traffic disparities would be eliminated along with the opportunity to reduce commercial inventory along this corridor. Also, the use is consistent with current land use policies that discourage commercial encroachment. Chairman Greer inquired as to whether anyone from the general public would like to comment on the proposed rezoning. The following remarks were received: Mr. Leon Skinner, a co-owner of the property, commented on the property and stated the best use for the parcel is R-15 Residential. The Commissioners were requested to approve the proposed rezoning. n '- /' Chairman Greer closed the Public Hearing. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Barone to approve rezoning the property from B-2 Business to R-15 Residential as requested by the petitioner and recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. 'rd.:" ~~~.: ~ MINUTES OF REGULAR MEETING, FEBRUARY 1, 1993 PAGE 309 A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA #8B OF NEW HANOVER COUNTY, N. C. ADOPTED JULY 1, 1972," is hereby incorporated as a part of the minute$ and is contained in Zoning Book II, Section 8, Page 38. . PUBLIC HEARING TO CONSIDER REZONING .PROPERTY LOCATED ON THE SOUTHEAST SIDE OF MARKET STREET, SOUTH OF CARDINAL DRIVE EXTENSION FROM R-15 RESIDENTIAL TO B-2 BUSINESS Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported on the rezoning request and stated the Planning Board voted unanimously to approve rezoning the 1. 23 acres from R-15 Residential to B-2 Business feeling that the property was not desirable for residential use and would severely restrict future redevelopment possibilities. Chairman Greer inquired as to whether anyone from the general public would like to comment. The following remarks were received: Mr. Jonathan Barfield, Sr., representing the petitioner, commented on adjacent commercial use and stated the best use for the property is B-2 Business. Chairman Greer closed the Public Hearing. Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman Mathews to approve rezoning 1.23 acres of land from R-15 Residential to B-2 Business as requested by the petitioner and recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. . A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA #9B OF NEW HANOVER COUNTY, N. C. ADOPTED .JULY 1, 1974," is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 9B, Page 72. PUBLIC HEARING TO CONSIDER A REQUEST TO NAME A PRIVATE ROAD LOCATED 600 FEET WEST OF NORTH COLLEGE ROAD TO "CANDO" STREET Chairman Greer opened t~e Public Hearing. Planning Director, Dexter Hayes, reported on the subject road naming and stated the private road is located 600 feet west of North College Road on the south side of Hunter's Trail. Presently, two businesses utilize the road and additional properties could benefit from this access as well as eliminate future "curb cuts" on North College Road. The road name has been approved by E-911 ~nd the applicant will be responsible for the purchase of a street sign. Chairman Greer inquired as to whether anyone from the general public would like to comment. No remarks were received. Chairman Greer closed the Public Hearing. . Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Barone to approve the road name of "Cando" as recommended. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the order is hereby incorporated as a part of the minutes and is contained in Exhibit'Book xx, Page 19. MEETING CONVENED FROM REGVLAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER & SEWER DISTRICT Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to convene from Regular Session to hold a meeting of the Water & Sewer District. Upon vote, the MOTION CARRIED UNANIMOUSLY. j ( ! I l MINUTES OF REGULAR MEETING, FEBRUARY 1, 1993 PAGE 310 Chairman Greer convened from Regular Session at 8:55 P.M. Motion: Commissioner sisson MOVED, SECONDED by Commissioner Barone to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer reconvened to Regular Session at 8:58 P.M. APPOINTMENT OF FRED RETCHIN TO SERVE ON THE STRATEGIC PLANNING COUNCIL Chairman Greer reported that two vacancies exist on the strategic Planning Council in the following categories: (1) Religious Leader; and (2) Member of the Community-At-Large. To maintain the concept of receiving input from various segments of the community, new appointees should represent the categories named. () Discussion was held on receiving applications at the last minute and the importance of deadlines being placed on the receipt of applications. Chairman Mathews recommended postponing the appointments until all applications can be reviewed. commissioner Barone reported on discussing this matter with the Clerk to the Board and being informed that no deadline has been established for receiving applications; therefore, the application representing the religious category was submitted. Chairman Greer stated he was aware of this fact and that in this case there should be no problem; however, in the future, deadlines should be established for all vacancies. Clerk to the Board, Lucie F. Harrell, reported on prior advertisements for the strategic Planning council with very few applications being received. At the request of the council, it was decided to review the applications on file; therefore, no deadline was established and all applications currently on file and received during this period were forwarded to the Commissioners for consideration. n ,/ Discussion was held on the religious leader category. County Manager O'Neal stated the religious leader did not have to be a member of the Clergy but a person who has held a religious position in the community. He, also, reported on the enormous amount of data collected by the Strategic Planning council and emphasized the importance of proceeding with the appointments. Consensus: After discussion, it was the consensus of the Board to appoint the member at-large and defer appointment of the religious leader until February 15, 1993, with consideration of the following applicants: Harold B. Cloud; Barren Nobles; and Edwin smith. No other applications are to be submitted for consider~tion. Chairman Greer opened the floor to receive nominations for the at-large vacancy. commissioner Barone nominated John Ryder. (\ ~ /' commissioner Caster nominated K. Wayne Polston. commissioner sisson nominated Fred Retchin. There being no further nominations, chairman Greer declared the nominations closed. Vote: Chairman Greer called fo~ a vote on the appointment of John Ryder to fill the at-large vacancy. One vote was received from Commissioner Barone. . ~ MINUTES OF REGULAR MEETING, FEBRUARY 1, 1993 PAGE 311 Vote: Chairman Greer called for a vote on the appointment of K. Wayne Polston to fill the at-large vacancy. One vote was received from Commissioner Caster. Vote: Chairman Greer called for a vote on the appointment of Fred Retchin to fill the at-large vacancy. Mr. Retchin was appointed to fill the vacancy with three votes received from Commissioner Sisson, Vice-Chairman Mathews, and Chairman Greer. . ADDITIONAL ITEMS - COUNTY COMMISSIONERS Request by Dr. James R. Leutze for Elimination of Racism within the Community Chairman Greer reported that Dr. James R. Leutze, Chancellor of UNC-W, is striving to work with the community to eliminate racism. In an effort to promote this goal, pilot programs, known as "Common Ground", are being established throughout the country. Individual contributions can be made to the program, if so desired. An ad will be placed in the Star-News showing persons who have contributed to the program. The Clerk to the Board was requested to provide a copy of the brochure explaining the program to each County Commissioner. . Request to Open a Yard Waste Recycling Facility Chairman Greer reported that a local resident, Mr. Kyle H. McIntyre, has expressed an interest in opening a yard waste recycling facility to accept and dispose of yard waste at a fee. If the County is interested, Mr. McIntyre will purchase a grinder; therefore, the County should immediately delay purchase of a grinder until this request is reviewed. Motion: After discussion of this being an excellent opportunity, Commissioner Barone MOVED, SECONDED by Chairman Greer to pursue the request submitted by Mr. McIntyre for opening of a yard waste recycling facility and direct staff to delay purchase of grinding equipment until this matter has been thoroughly investigated. The floor was opened for discussion. Discussion was held on the importance of knowing that Mr. McIntyre is qualified and serious about opening and operating the business.. Also, emphasis was placed on the importance of being sure that a reasonable fee is charged. Assistant County Manager, Dave Weaver, stated staff will be glad to pursue this issue and work with Mr. McIntyre. A report will be forwarded to the Board on this matter. Upon vote, the MOTION CARRIED UNANIMOUSLY. . Approval of contributing a Half Day of the County's Free Allocated Days for Use of the Coast Line Convention Center to the Azalea Coast Amateur Radio Club Chairman Greer reported that Councilman Hamilton E. Hicks, Jr. has requested the County to allow the Azalea Coast Amateur Radio Club to use at no charge a half-day of the County's allocated days at the Coast Line Convention Center on June 5, 1993, for the "Ham Fest". Emphasis was placed on the valuable communication assistance to area emergency services during storms and other emergency conditions. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to contribute a half day of the County's allocated free days to the Azalea Coast Amateur Radio Club for the "Ham Fest". Upon vote, the MOTION CARRIED UNANIMOUSLY. Discussion of Technical Review Committee and Other Revisions to the Zoning Ordinance Commissioner Sisson inquired as to whether staff is in the process of preparing revisions to the Subdivision Ordinance j (- MINUTES OF REGULAR MEETING, FEBRUARY 1, 1993 PAGE 312 relating to the number of members that sit as the Technical Review Committee and other items that have been discussed? . Assistant County Manager, Dave Weaver, stated staff is preparing all the proposed revisions to the Subdivision Ordinance as requested and once completed they will be presented to the Board. Discussion of Agenda Information Commissioner sisson expressed concern for a multi-page document being presented by an attorney during a tax appeal hearing and recommended that staff make a concerted effort to obtain this type of information to be included in the agenda packet. () Discussion was held on developing some type of form letter notifying persons that pertinent information relating to an appeal or agenda item should be forwarded to the County Manager by a specified date. County Manager O'Neal stated this is a good idea; however, from a practical point of view, attorneys may not be willing to present their cases in advance. County Attorney Copley stated the Board can establish a time frame, since they are sitting as the board hearing the appeals. The important factor is adequate notification to the appellants and their attorneys clearly stating that documents must be presented to the County Manager by a specified date. Consensus: After discussion, it was the consensus of the Board to direct staff to develop a process whereby appellants and attorneys presenting information on appeals are properly notified that documents pertaining to the appeal must be presented to the County Manager in advance in order to include this information in the agenda backup. () Discussion of wrightsville Green Subdivision Drainage Improvements Commissioner sisson expressed concern for a secondary developer not complying to the original design of the required improvements in the subdivision and inquired as to whether the buyer can be protected in these situations? Assistant County Manager, Dave Weaver, reported currently the final plat is inspected as to compliance for improvements as required in the Subdivision Ordinance, and if approved the County is no longer responsible. Wrightsville Green is unique since it is a high density development with a site plan as required by the zoning Ordinance. With this type of development, building permits cannot be issued until all requirements have been met. commissioner sisson commented on improvements being required and asked if the buyer can be protected by a statement on the building permit that will clearly list the required improvements for the subdivision and require the person obtaining the building permit to certify that these improvements will not be destroyed. Assistant County Manager Weaver reported that such a mechanism could be utilized; however, additional personnel would be required for inspections. Possibly, notes could be recorded on deeds relating to improvements. (\ County Attorney Copley recommended developing a check list whereby the developer will have to sign under sworn statement that he has complied to the requirements before the Certificate of Occupancy is issued. If the developer should not be truthful, this would be documented evidence of perjury if a case should be filed in court. Consensus: After further discussion, staff was directed to check into this matter and report back to the Board. . . . : ~i' ~ I.".,." MINUTES OF REGULAR MEETING, FEBRUARY 1, 1993 PAGE 313 Discussion Summer Rest Road Closure Vice-Chairman Mathews commented on complaints still being received from residents living on Summer Rest Road with reference to the turn-around installed by the State and inquired as to whether the road closure should be placed on a future agenda? Consensus: After discussion of the complaints received with reference to traffic and noise, it was the consensus of the Board to place the road closure on a future agenda. Discussion of Rules of Pro~edure for Meetings of the New Hanover county Board of Commissioners vice-Chairman Mathews commented on proposed Rules of Procedure being placed on the agenda for February 15, 1993, and stated former County Attorney, Robert W. Pope, will be glad to discuss this matter at the Staff Meeting on Friday, February 12, 1993. Consensus: After discussion, it was the consensus of the Board to review the Rules of Procedures at the Staff Meeting scheduled for Friday, February 12, 1993. Discussion of Recognition to the U. S. Coast Guard for preventing an oil spill Off of Frying Pan Shoals Vice-Chairman Mathews recommended some form of recognition to u. S. Coast Guard, the Captain and crew for avoiding an oil spill off of Frying Pan Shoals from the drifting tanker, the LYRA. The County Manager was directed to discuss this matter with the Emergency Management Director, Dan Summers, and prepare a recommendation to be submitted to the Board. Report on Hospital Board of Trustees Meeting Commissioner Caster reported on an Executive Session of the Hospital Board of Trustees with a decision being rendered to use the same company that hired David Plate to become involved with recruiting applicants for the next Chief Executive Officer. The firm will provide this service with no additional charge, and it was felt by the Hospital Board of Trustees that this firm is familiar with the hospital and area; therefore, time could be saved. The Account Executive of the firm will be in town this week and meet with the members of Hospital Board of Trustees, Hospital Administration, doctors, nurses, and employees of the hospital to assess whether to perform a massive nationwide search for a new Chief Executive Officer or an in-house search. No decision has been made and the Commissioners will be advised of any new developments. Reports on waste-To-Energy Facility commission, the Region "0" Council of Governments Solid Waste Task Force, and the Port, waterway, and Beach commission Commissioner Caster commented on the excellent job bei-ng performed by the WTE Facility Commission and stated marked improvements are being made at the facility. Emphasis was placed on the fact that this is a complex facility and that time will be required to resolve the problems being experienced. Also, congratulations were expressed to the former County Commissioner who served on this Commission for his foresight and judgement in seeing that an advisory commission was established. Commissioner Caster reported on attending the Cape Fear Region "0" Council of Governments Solid Waste Task Force and remarked on discussion of handling solid waste issues through a regional concept. The Brunswick, Columbus, New Hanover, and Pender County Boards of Commissioners are invited to attend a Workshop on March 25, 1993, at 7:00 P.M. in the Assembly Room of the New Hanover County Courthouse to discuss potential areas for regional cooperation in solid waste management'. The Commissioners were urged to attend. A memorandum will be forthcoming from the Director of Environmental Management, Ray Church, as to the details of the meeting. j MINUTES OF REGULAR MEETING, FEBRUARY 1, 1993 PAGE 314 The Port, Waterway, and Beach Commission is continuing to support UNC-Wilmington for authorization to construct a pier on Myrtle Grove Sound for marine and scientific research. The County is in the process of reviewing this request. Announcement of Meeting Scheduled for the Eastern North Carolina Air Cargo Exploratory Committee Commissioner Caster commented on the Commissioners receiving an invitation to attend a meeting of the Eastern North Carolina Air Cargo Exploratory Committee on Tuesday, February 9, 1993, at 6:30 P.M. in Kinston, North Carolina, and stated he could not attend; however, he feels it would be appropriate for a County Commissioner to attend. After discussion, it was agreed that if a Commissioner would like to attend, arrangements should be made with the Clerk to the Board. Report on Board of Fire Commissioners Commissioner Sisson reported on attending a meeting of the New Hanover County Board of Fire Commissioners and commented on the following items: (1) Development of a budget format establishing standard accounting procedures to be used by the Volunteer Fire Departments for proper handling of funds. In order for this format to be developed, the County Manager has been requested to allow an additional two weeks for submittal of the budget. The budget will heard by the Board of Fire Commissioners on February 20, 1993. (2) The Board of Fire Commissioners chose not to act on the North Wilmington Volunteer Fire Department's request. BREAK Chairman Greer called a break from 8:50 P.M. until 9:07 P.M. Discussion on Guidelines for News Media While Attending Board Meetings Vice-Chairman Mathews expressed concern for the press interfering with Staff members during the meetings and inquired as to whether these guidelines are being observed? Deputy County Manager, Mary Gornto, stated the news media has been informed of these guidelines and normally they are most cooperative. After discussion, staff was directed to remind the press of the established guidelines and inform them that members of staff are not to be requested to discuss an item during the regular meeting. ADDITIONAL ITEMS - COUNTY MANAGER ,I l Response to Letter Received from the Department of State Treasurer concerning the Waste-to-Energy Facility Finance Director, Andrew J. Atkinson, presented a draft letter to Mr. K. Lee Carter, Director of the Fiscal Management section of the Oepartment of the State Treasurer, in response to the deficit condition of. the Waste-to-Energy Facility. The facility is operating in a critical cash flow position due to expenditures being more than revenues generated; however, New Hanover County is in a sound cash flow position and Mr. Carter is aware of this fact. The Commissioners were requested to authorize the Chairman to write the letter as presented. County Manager 0' Neal commented on the many improvements which have occurred that will provide long-term pay-offs and stated the cash flow condition will be discussed at the meeting scheduled with the WTE Facility Commission on February 24, 1993. The report for () o C J ~ ~' .~,. MINUTES OF REGULAR MEETING, FEBRUARY 1, 1993 PAGE 315 . December was positive with steam production up 33% and electricity sales up 7%. Finance Director Atkinson reported on the progress that has been made in disposal of solid waste by New Hanover County and reminded the Board that at one time the County did not have a landfill or a method for disposing of solid waste. Emphasis was placed on the fact that New Hanover County is substantially ahead of other counties throughout the state and country in addressing this costly issue. Consensus: After discussion on use of the sales tax, the current continued costs of operating the WTE Facility, and the status of the CP&L payment, it was the consensus of the Board to authorize the Chairman to write the proposed letter. Discussion for Joint Public Hearing with the Wilmington City Council for Land Use Plan Update Assistant County Manager, Dave Weaver, reported the state has reviewed the Land Use Plan Update with minor editorial changes. The next step in the process is to schedule a Public Hearing to receive public comments. Since the Land Use Plan is a joint plan, staff recommends scheduling a joint Public Hearing with the Wilmington City Council. A 30-day notification is required by State law. County Manager O'Neal recommended scheduling a Work Session to discuss the Land Use Plan Update before scheduling a joint Public Hearing with the City Council. . Motion: After discussion of the complexity of the Land Use Plan Update and the need to thoroughly discuss the plan, it was the consensus of the Board to schedule a Work Session on March 15, 1993, for review and study of the plan. Discussion of Touring Carolina Food Processors Assistant County Manager, Dave Weaver, reported on information received from the N. C. Department of Environmental Management with reference to minor violations by Carolina Food Processors. On December 18, 1992, when inspecting the facility, hog trailers were being washed with run-off going into a ditch eventually draining into the Lumbee River. Once the violation was discovered, the contractors immediately closed off the ditch with the truck wash area being closed. The second violation reported was a small 20 gallon oil spill due to a valve being opened on an above-the-ground storage tank in the containment. area. The plant immediately removed the valve with all water and oil in the containment area being handled as petroleum contaminated waste. The violations were responded to in a timely manner. Chairman Greer requested that a list of violations be prepared and provided to Commissioner Sisson when he tours the facility. Discussion of Budget Reports . Budget Director, Cam McAbee, presented the following reports that were requested at the Budget Work Session: '. -A list of Budget Amendments that have increased departmental budgets for the current fiscal year. -Combined statement of Revenue, Expenditures, and Changes in Fund Balances. -A list of Capped State Allocations for the Department of Social Services. Discussion was held on the County's "overmatch" in the amount of $1,245,000 for six programs being administered by the Department of Social Services with no reimbursement for administrative costs ~ MINUTES OF REGULAR MEETING, FEBRUARY 1, 1993 PAGE 316 or staff. Concern was expressed for mandated programs without proper funding. Discussion was held on the excellent job performed with downsizing and the fact that departments cannot cut deeper. Further discussion was held on the importance of informing departments that unexpended funds for the budget year should not be used without justification. Finance Director Atkinson commented on furnishing departments with adequate budgets and stated at the end of the year if all funds have not been expended due to some items not being purchased, these funds are rolled over into the next fiscal year's budget for purchase of these items. Emphasis was placed on the fact that budgets are closely monitored and that the Budget Director has authority to transfer funds from one department to another in order to meet the fiscal year budget. Last year funds were transferred among the departments and a substantial amount of unused money was returned. () Chairman Greer reported on the citizens not being in favor of a tax increase and recommended showing exactly where the dollars are going to be spent, particularly in mandated programs over which the County has no control. County Manager O'Neal stated the increase in mandated programs can be shown in a tax increase; however, if the Board does not consider a tax increase acceptable, staff needs to know as soon as possible. Programs and services will have to be cut without a tax increase and it will be the responsibility of the Board of County Commissioners to determine what programs and services must be eliminated. Chairman Greer recommended closely reviewing the increases for human services, public safety, education, and salaries. Emphasis was placed on the fact that he is in favor of a salary increase for employees within certain parameters. o Further discussion was held on the continued increases for education and the proposed bond issue. The Board of Education is to appear before the Commissioners on February 15, 1993, to discuss this matter. Discussion was held on initiating an awards program whereby employees will receive a monetary reward if they recommend a program or process that will save the County money. County Manager O'Neal stated staff will be glad to check into this matter. ADJOURNMENT Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Barone to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer adjourned the meeting at 10:45 P.M. ~Ud~ Lucie F. Harrell Clerk to the Board c l